Title 14

PUBLIC WORKS AND IMPROVEMENTS

Chapters:

14.04 Reserved 14.05 Bus Stop Facilities 14.06 Reserved 14.07 Reserved 14.08 Reserved 14.09 Prevailing Wage Requirements for City Contracts Involving Public Works 14.10 Minimum Labor Standards for a Private Construction Project Accepting a City Subsidy 14.11 Requirements Supplementing California Labor Code Section 2810.8 14.12 Major Thoroughfare Fees 14.13 Arterial and Major Collector Streets - Repayment of Costs Advanced by City Upon Development of Abutting Land 14.15 Alternative Procedures for Maintenance Districts 14.16 Improvement Procedure Code 14.20 Alternative Public Improvement Procedure 14.21 Second Alternative Public Improvement Procedure 14.22 Deferral of Assessments 14.24 San José Parking District Code 14.25 Park Impact Requirements 14.26 Library Benefit Assessment District 14.27 Community Facilities District Financing Procedure 14.28 General Obligation Bond Financing Procedure 14.29 North San José Traffic Impact Fee Requirements 14.30 US-101/Oakland/Mabury Traffic Impact Fee Requirements 14.31 Community Benefit and Improvement District Procedure 14.32 Convention Center Facilities District Financing Procedure 14.33 Evergreen-East Hills Development Policy Traffic Impact Fee Requirements 14.34 Interstate 280/Winchester Boulevard Traffic Impact Fee Requirements 14.35 Diridon Station Area Basic Infrastructure Fee Requirements

T14:1

PUBLIC WORKS AND IMPROVEMENTS

§ 14.05.200

Chapter 14.04

RESERVED*

Chapter 14.05

"Bus shelter" shall mean a structure constructed in order to protect bus passengers from the elements.

(Ord. 24982.)

BUS STOP FACILITIES

Parts:

• 1 Definitions

• 2 General Provisions

"Bus stop facilities" shall mean any and all bus stop improvements including, without limitation, benches, pads, signs, duck-outs, shelters and all appurtenances thereto.

(Ord. 24982.)

• 3 Process

• 4 Conditions

• 5 Denial, Amendment or Revocation

"Director" shall mean the director of public works.

(Ord. 24982.)

Part 1

Part 2

DEFINITIONS

GENERAL PROVISIONS

Sections:

Section:

14.05.110 Bus shelter.

14.05.120 Bus stop facilities.

"Bus duck-out" shall mean a widened area of the roadway designed to facilitate the loading or unloading of bus passengers. (Ord. 24982.)

*Editor’s note— Ord. 30308, § 7, adopted Sept. 24, 2019, repealed Ch. 14.04, §§ 14.04.010 - 14.04.141, 14.04.150 - 14.04.270, and 14.04.300 - 14.04.520. Former Ch. 14.04 pertained to Public Works and derived from Prior code §§ 2909.1 - 2909.3, 2909.5 - 2909.14, 2909.25 - 2909.37, 2909.50 - 2909.57, 2909.75 - 2909.81, 2909.81a, 2909.82 - 2909.84, 2909.86, 2909.87; Ords. 19194, 19483, 19547, 20502, 20997, 21245, 21487, 21980, 22410, 22987, 23495, 23734, 23740, 24382, 24833, 20502, 20505, 20621, 25215, 26067, 26386, 27385, 28676, and 29021.

• A. Bus stop facilities encroachment permits are required for the construction, installation, alteration or relocation of any bus stop facilities within any city right-of-way or portion thereof.

• B. The procedures of this chapter shall supersede any conflicting provisions contained elsewhere in the municipal code.

• (Ord. 24982.)

Part 3

PROCESS

Sections:

14.05.320 Approval generally.

14.05.330 Mandatory notice obligations.

T14:3

SAN JOSÉ CODE

§ 14.05.300

All applications for bus stop facilities encroachment permits issued pursuant to this chapter shall be filed with the director and shall include a plan of the proposed work containing, without limitation, the following:

• A. A description of the proposed bus stop facility;

• B. A diagram of the proposed location of the bus stop facility;

• C. An accurate description and location of the affected city rights-of-way;

• D. The specific location of existing above and underground facilities such as sewers, pipes, conduit and cables, poles, polelines, control cabinets or structures, trees, curb, gutter, sidewalk, edge of pavement;

• E. A diagram or other documentation tying bus stop facilities to well established lines of record such as property lines, monument lines or well established physical references such as street intersections, faces of curbs or lips of gutters;

• F. Clear identification, design and engineering of any proposed structures, including any bus shelters to be constructed; and

• G. Clear identification, design and engineering of any improvements to areas adjacent to the proposed bus stop facility required by federal, state or local law necessary for access by the disabled to the bus stop facility; and

• H. Such additional information as the director, in the director's sole discretion, deems necessary.

• (Ord. 24982.)

• A. The application fees for bus stop facilities encroachment permits shall be in the amount set forth in the schedule of fees established by resolution of the city council except where the

director determines that the construction, installation, alteration, or relocation is required by the city for its own purposes.

• B. The application fees shall either be paid at the time the application is filed with the director or pursuant to an invoice procedure established by the director.

• (Ord. 24982.)

The director may issue a bus stop facility encroachment permit only upon finding:

• A. All necessary information has been provided to enable an adequate evaluation of the application; and

• B. The issuance of the bus stop facilities encroachment permit is in the public interest and welfare, considering proper traffic control, safety and welfare of the public, an absence of conflict with and compatibility with other existing or planned facilities and the city's use of the right-of-way; and

• C. All improvements conform to the requirements of this chapter; and

• D. The bus stop facilities encroachment permit includes all conditions required by Section 14.05.400.

• (Ord. 24982.)

• A. The permittee shall notify the director as soon as possible if the permittee finds that the work cannot be performed as approved in the bus stop facilities encroachment permit and shall request approval of an amendment to the permit.

• B. The permittee shall notify the director at least one business day in advance of actual commencement of the work covered by the bus stop facilities encroachment permit, or in such other time as required by the permit.

• (Ord. 24982.)

T14:4

PUBLIC WORKS AND IMPROVEMENTS

§ 14.05.500

Part 4

CONDITIONS

Section:

The bus stop facilities encroachment permit shall be subject to the following conditions:

• A. Any conditions the director deems necessary to insure proper traffic control, public safety and welfare and the lack of conflict with other existing and planned facilities.

• B. The permittee shall be responsible for any damage to existing public or private facilities or property caused by its activities.

• C. The permittee shall indemnify and hold harmless the city and its officers, employees and agents against and from all claims, loss, liability, damages, judgments, decrees, costs and expenditures which the city or its officers, employees or agents may suffer, or which may be recovered from or obtainable against the city or its officers, employees or agents, proximately caused by and arising out of or resulting from the exercise of the bus stop facility encroachment permit.

• D. The permittee shall provide such insurance coverage in the amount and type required by the city's risk manager.

• E. All permitted bus stop facilities shall be maintained by permittee in a safe and clean manner.

• F. The permittee shall remove all graffiti on any bus stop facility within forty-eight hours of the appearance of the graffiti or such other time as may be required by an agreement between the permittee and the city. In the event permittee fails to remove all graffiti within the time required, the city shall have the right to remove any

graffiti and the permittee shall reimburse the city for any and all costs incurred for the removal.

• G. No signage may be displayed on any bus stop facilities except in accordance with Section 23.04.835 of Chapter 23.04 of Title 23 of this Code.

• H. All initial construction work to be done under the bus stop facilities encroachment permit shall be completed within six months from the date of issuance.

• I. Any other condition deemed appropriate by the director.

(Ord. 24982.)

Part 5

DENIAL, AMENDMENT OR REVOCATION

Sections:

The director may amend or revoke a bus stop facilities encroachment permit if the director finds any of the following conditions have occurred:

• A. The permit was issued in error or on the basis of incorrect information supplied;

• B. The permittee has violated any bus stop facilities encroachment permit conditions;

• C. The permitted bus stop facilities create a dangerous condition to life or property;

• D. It is necessary to remove the bus stop facilities in order to accommodate the use of the right-of-way by the city or to accommodate future city improvements within the right-of-way;

• E. The permittee requests removal or relocation of a permitted bus stop facility and the permittee satisfies the conditions set forth in Section 14.05.520.A.

(Ord. 24982.)

T14:5

SAN JOSÉ CODE

§ 14.05.510

• A. The director shall notify an applicant, in writing, of the director's decision to deny, amend or revoke a bus stop facilities encroachment permit.

• B. The notice of decision shall state the grounds for denial of the application or amendment or revocation of the bus stop facilities permit and shall notify the applicant or permittee of the hearing opportunity pursuant to Section 14.05.520.

• C. The notice of decision shall become final, unless a written request for hearing is received within ten days after the date of notice of decision.

• (Ord. 24982.)

• A. Upon receipt of a timely written request for a hearing on a notice of decision to deny an application for a bus stop facilities encroachment permit or to amend or revoke a permit, the director shall schedule a hearing. The director promptly shall notify the applicant or permittee of the hearing date, time and location.

• B. The hearing with the director shall be held within ten business days after receipt of the request for hearing.

• C. At the hearing, the permittee or applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The permittee or applicant may be represented by any person.

• A. In the event that the director revokes or amends a bus stop facilities encroachment permit and determines that it is necessary to relocate or remove the bus stop facilities:

  1. Permittee shall: 
  
     - a. Relocate or remove the bus stop facilities at the permittee's sole cost and expense; and 
  
     - b. Permittee shall restore the site to the original condition as of the time of installation of the bus stop facilities; and 
  
     - c. Permittee shall complete all removal and restoration work within thirty days of the date of the director's written notice to relocate and remove. 
  
  2. Permittee shall relocate or remove the bus stop facilities in accordance with an agreement between the permittee and the city. 
  

  • B. In the event the city determines that it is necessary for the city's purposes to relocate or remove a bus shelter or bus duck-out within two years after the date of issuance of the bus stop facilities encroachment permit to a public entity, the city shall relocate or remove the shelter or duck-out at its own expense or in accordance with an agreement between the public entity and the city.

  • (Ord. 24982.)

• D. After closing the hearing, the director shall give a decision sustaining, reversing or modifying the decision to deny, amend or revoke the bus stop facilities encroachment permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant.

• E. The decision of the director shall be final. (Ord. 24982.)

T14:6

PUBLIC WORKS AND IMPROVEMENTS

§ 14.09.030

Chapter 14.06

RESERVED*

RESERVED†

Chapter 14.08

RESERVED‡

Chapter 14.09

PREVAILING WAGE REQUIREMENTS FOR CITY CONTRACTS INVOLVING PUBLIC WORKS

Parts:

1 Purpose and Definitions 2 Prevailing Wage Requirements

Part 1

PURPOSE AND DEFINITIONS

• A. This chapter sets forth the city's prevailing wage policy for contracts entered into by the city for "public works" (as that term is defined herein) that are municipal affairs so as to comply with Labor Code Section 1782. It reflects the city's intent to apply state prevailing wage requirements to contracts entered into by the city involving public works that are municipal affairs.

• B. The city's prevailing wage policy as set forth in Resolution Nos. 61144, 61716, 72518, 71584, and 76242, or any future resolution governing prevailing wages, shall not apply to the extent a contract for a public works is covered by this chapter. The city's prevailing wage policy as set forth in these resolutions or any future resolutions shall continue to apply to all other contracts.

Sections:

*Editor’s note— Ord. 30308, § 8, adopted Sept. 24, 2019, repealed Ch. 14.06, §§ 14.06.100 - 14.06.110, 14.06.200 - 14.06.320, 14.06.400 - 14.06.440, and 14.06.500 - 14.06.600. Former Ch. 14.06 pertained to Dispute Avoidance and Dispute Resolution Policy and derived from Ord. 26764.

†Editor’s note— Ord. 30308, § 9, adopted Sept. 24, 2019, repealed Ch. 14.07, §§ 14.07.100, 14.07.200 - 14.07.230, 14.07.300 - 14.07.390, 14.07.400, 14.07.410, 14.07.500 - 14.07.560, 14.07.600 - 14.07.660, 14.07.700 - 14.07.720, 14.07.800, and 14.07.810. Former Ch. 14.07 pertained to DesignBuild Contracts and derived from Ord. 27323.

‡Editor’s note— Ord. 30308, § 10, adopted Sept. 24, 2019, repealed Ch. 14.08, §§ 14.08.010 - 14.08.030. Former Ch. 14.08 pertained to Encumbrance of Funds for Construction Contracts and derived from Prior code §§ 2911.1 - 2911.3 and Ord. 20702.

• C. The city's adoption of the prevailing wage requirements in this chapter is done pursuant to the city's home rule authority over such municipal affairs.

• (Ord. 29510.)

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 29510.)

"City compliance officer" means the city employee, designated by the city manager or the city manager's authorized designee, who has primary responsibility for enforcing the city's prevailing wage ordinance.

(Ord. 29510.)

T14:7

SAN JOSÉ CODE

§ 14.09.040

"Public works" has the same meaning as is set forth in California Labor Code Sections 1720 through 1720.6, as the state legislature may amend those sections from time to time. (Ord. 29510.)

Part 2

PREVAILING WAGE REQUIREMENTS

Sections:

Except to the extent modified in Section 14.09.110 of this Code, California Labor Code Sections 1720 through and including 1782, as the state legislature may amend those sections from time to time, shall apply to every contract entered into by the city that involves a public works that is a municipal affair. (Ord. 29510.)

For public works that are a municipal affair, the city prevailing wage ordinance includes the following modifications to the following Labor Code sections:

• A. Labor Code Section 1736: Labor Code Section 1736 addresses the confidentiality of an employee reporting a violation. The reference in Section 1736 to "the Division of Labor Standards Enforcement" shall be read as a reference to the "the Division of Labor Standards Enforcement and the City Compliance Officer."

• B. Labor Code Section 1775: Labor Code Section 1775 addresses the penalties applicable to a contractor or subcontractor for paying less than the prevailing wage

rates. The references in Section 1775 to "the Labor Commissioner" shall be read as a reference to the "the Labor Commissioner or the City Compliance Officer."

• C. Labor Code Section 1776(h): Labor Code Section 1776(h) addresses the penalty for failing to timely provide required payroll records. The reference in Section 1776(h) to "the Division of Labor Standards Enforcement" shall be read as a reference to "the Division of Labor Standards Enforcement or the City Compliance Officer."

• D. Labor Code Section 1777.7: Labor Code Section 1777.7 addresses the penalties applicable to a contractor or subcontractor for noncompliance with apprentice requirements. The references in Section 1777.7 to "the Labor Commissioner" shall be read as a reference to the "the Labor Commissioner or the City Compliance Officer."

• (Ord. 29510.)

The prevailing wage provisions set forth in this chapter are applicable to all contracts in which the cost of the public works that is a municipal affair exceeds one thousand dollars. (Ord. 29510.)

This chapter shall be effective retroactive to January 1, 2015. (Ord. 29510.)